OSHA & Roofers | Safety and Risk Solutions

While doing some research today, I found a January 14, 2020 news release from OSHA and thought that it sounded familiar. I was right, it did sound familiar but it was a different roofing company. The following are OSHA news releases from the last 5 weeks all involving Florida roofing companies. Roofers are the subject of OSHA inspections by a 4:1 ratio over the next most inspected construction trade in Florida. So roofers, and projects with roofers on site, need to be very aware of the odds of having a visit.

The news releases follow, I edited the names to prevent further embarrassment.

January 14, 2020

U.S. Department of Labor Proposes $1,007,717 in Fines Against
North Florida Roofing Contractor for Egregious Fall Hazards

JACKSONVILLE, FL – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited XXXXXXXXXX Inc. – a Jacksonville, Florida, roofing contractor owned by XXXXXXXXX – for failing to protect workers from falls at two work sites in Fleming Island and one in Middleburg, Florida. Florida Roofing Experts Inc. faces penalties totaling $1,007,717.

OSHA initiated the inspections on July 11 and 12, 2019, after receiving complaints on July 9, 2019 of employees performing residential re-roofing activities without fall protection. Given the employer’s extensive history of violations, pursuant to OSHA’s egregious citation policy, the agency issued eight willful citations for failing to protect employees from fall hazards.

“This employer has an extensive OSHA history with willful, serious, and repeat violations that has demonstrated an egregious disregard for the safety of their workers,” said OSHA Regional Administrator Kurt Petermeyer, in Atlanta, Georgia. “The employer continues to allow employees to work without fall protection, and has made no reasonable effort to eliminate the risk.”

“OSHA has extensive resources to help employers and workers understand how to comply with fall protection standards,” stated Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health Loren Sweatt. “Fall protection and training requirements that address falls continue to be among the top 10 cited OSHA standards. Fatalities and injuries from falls are preventable.”

Given these investigations and citations, OSHA has placed XXXXXXXX in the agency’s Severe Violator Enforcement Program due to high-gravity willful, egregious violations related to fall hazards.

OSHA has investigated XXXXXXXand its predecessor, XXXXXXXX, 19 times within the last seven years, resulting in 42 citations related to improper fall protection, ladder use, and eye protection.

The company has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education, and assistance. For more information, visit https://www.osha.gov.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

# # #

January 10, 2020

Florida Roofing Contractor Found in Contempt after Failing to Pay
$2,202,049 in Penalties for Safety and Health Violations

ATLANTA, GA – The U.S. Court of Appeals for the 11th Circuit has found a Jacksonville, Florida-based roofing contractor in contempt of court for failing to pay $2,202,049 in penalties assessed by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) for safety and health violations at worksites in Florida.

The Department of Labor filed a petition with the 11th Circuit Court of Appeals for summary enforcement against XXXXXXXXXXXXX., XXXXXXXXXX Inc. and owner XXXXXXX pursuant to Section 11(b) of the Occupational Safety and Health Act of 1970 (OSH Act) to enforce 12 final orders of the Occupational Safety and Health Review Commission (OSHRC). Those final orders include multiple egregious, willful and repeat violations for lack of fall protection and other safety and health hazards at worksites in Florida. On October 2, 2017, and June 5, 2018, the court granted the department’s petition, enforcing the final orders of the commission.

On August 28, 2019, the department filed a Petition for Civil Contempt against XXXXXXXX. and XXXXXXXXXXX. and (owner), alleging they failed to comply with the court’s October 2017 and June 2018 orders, based on evidence that the companies failed to provide proof of abatement, continued to violate OSHA standards and failed to pay the penalties assessed.

The court held the companies and (owner) in civil contempt on January 3, 2020, ordering the companies and Slaughter to pay the outstanding penalties of $2,202,049 plus interest and fees, and requiring them to certify that they had corrected the violations within 10 days of the court’s order. If the companies and Slaughter fail to comply, they face coercive sanctions, including incarceration and other relief the court deems proper.

“This enforcement action demonstrates that OSHA will utilize every resource available to ensure that safety and health standards are followed to protect workers,” said Solicitor of Labor Kate O’Scannlain. “Employers that ignore multiple court orders requiring correction of violations and payment of penalties will be held accountable.”

The court’s ruling comes after repeated inspections by OSHA and litigation by the Department’s Office of the Solicitor to address XXXXXXX and XXXXXXX violations of OSHA’s safety requirements. The court’s remedy addresses the companies’ longstanding refusal to protect workers and pay the associated penalties.

Under the OSH Act, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is help to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit https://www.osha.gov.

# # #

December 26, 2019

U.S. Department of Labor Fines Florida Roofing Contractor
For Repeatedly Exposing Employees to Fall Hazards

FORT LAUDERDALE, FL – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited XXXXXXX Roofing Inc. – based in West Palm, Florida – for exposing employees to fall and other hazards at three residential worksites in Royal Palm Beach and Port St. Lucie, Florida. The contractor faces penalties totaling $291,724.

OSHA initiated inspections in June, August and September of 2019, as part of the Regional Emphasis Program for Falls in Construction, after inspectors observed employees working on roofs without fall protection. OSHA cited the company for failing to use a fall protection system, ensure that portable ladders extend above the upper landing, require that employees wear eye and face protection when operating pneumatic nail guns, and conduct regular inspections of the jobsite. OSHA has inspected the company five times in the past five years, resulting in repeat violations of the fall protection standard.

“Companies that fail to comply with safety and health requirements are placing workers at risk for injuries and illnesses,” said OSHA Fort Lauderdale Area Director Condell Eastmond. “This employer must take immediate action by conducting required hazard assessments and correcting dangerous working conditions.”

“OSHA’s educational resources are readily available to all employers and workers to understand how to provide a safe work environment and ensure compliance with the law,” stated Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health Loren Sweatt.

Information on how to identify workplace hazards and implement safety and health programs is available on OSHA’s Recommended Practices for Safety and Health Programs webpage.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards and providing training, education, and assistance. For more information, visit https://www.osha.gov.

# # #

December 18, 2019

U.S. Department of Labor Finds Florida Contractor Exposed Employees
To Fall Hazards at Palm Beach Gardens, Port Saint Lucie Worksites

PALM BEACH GARDENS, FL – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited XXXXXXX Roofing Inc. – based in Pompano Beach, Florida – for exposing employees to safety hazards at Palm Beach Gardens and Port Saint Lucie, Florida, worksites. The roofing contractor faces $146,280 in penalties.

OSHA cited the contractor for failing to provide fall protection to employees installing roofing tile at both worksites. At the Port Saint Lucie worksite, OSHA also cited XXXXXXX Roofing for improperly using the upper section of an extension ladder to gain access to a roof, and for placing the ladder in front of a door without securing it. At the Palm Beach Garden worksite, the agency cited the contractor for failing to train workers on how to recognize and prevent fall hazards. OSHA conducted the inspections in conjunction with the agency’s Regional Emphasis Program for Falls in Construction.

“Falls continue to be a leading cause of injuries and fatalities in construction,” said OSHA Area Office Director Condell Eastmond, in Fort Lauderdale, Florida. “Employers must provide workers performing roofing activities with appropriate fall protection to help ensure their safety.”

OSHA’s Protecting Roofing Workers booklet explains fall protection requirements, and how to set up personal fall arrest and fall restraint systems, and properly secure ladders.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

# # #

December 5, 2019

U.S. Department of Labor Cites Florida Roofing Contractor
For Exposing Employees to Fall Hazards and Eye Injuries

ROYAL PALM BEACH, FL – The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited XXXXXXX Inc. – based in Lake Worth, Florida – for exposing employees to safety hazards at a worksite in Royal Palm Beach, Florida. The roofing contractor faces $64,974 in penalties.

OSHA cited the contractor for exposing employees to fall hazards by allowing them to make repairs to a roof without fall protection. OSHA also cited XXXXXXX r Inc. for allowing employees to use an extension ladder that did not extend at least 3 feet beyond a landing surface; placing the ladder in front of a driveway without securing or barricading the base as required; and allowing employees to operate a circular saw without eye protection. OSHA conducted the inspection in conjunction with the agency’s Regional Emphasis Program for Falls in Construction.

“Falls continue to be a leading cause of injuries and fatalities in construction,” said OSHA Area Office Director Condell Eastmond, in Fort Lauderdale, Florida. “Employers have an obligation to provide a workplace free of recognized hazards, and ensure all safety and personal protective equipment are correctly used.”

OSHA’s Protecting Roofing Workers booklet explains fall protection requirements, how to set up personal fall arrest and fall restraint systems, and properly secure ladders.